C.Rajendran, v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.12.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.30593 of 2017 and W.M.P.No.33501 of 2017 1 C.Rajendran 2 M.Krishnan 3 D.Shanthi 4 R.Kalpana 5 S.Hemavathy 6 R.Markandan 7 M.Janaki 8 D.Raman 9 K.Murugan 10 S.Murugan 11 M.Murugan 12 K.Kannan 13 P.Damodharan 14 P.Vinayagam 15 T.Murugan 16 K.Gayathiri 17 G.Uma Maheswari 18 J.Krishna Moorthy 19 M.Venkatesan 20 D.Padmanaban 21 K.Ramesh 22 E.Muniyammal 23 K.Mari 24 G.Arumugam 25 T. Shanthi 26 K. Violet 27 A. Govindammal 28 G. Moses 29 S. Murugan 30 R. Ramalingam 31 J.Munusamy 32 K. Elumalai 33 A. Inbam ..Petitioners Vs

1. The State of Tamilnadu rep by its Principal Secretary to Government, Adi Dravidar & Tribal Welfare Department, Secretariat Fort St. George, Chennai-600 009

2. The Director of Adi Dravidar Welfare, Chepauk, Chennai-600 005

3. The District Adi Dravidar & Tribal Welfare Officer, Thiruvallur District, Thiruvallur.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents to regularise the service of the petitioners in the post of Sanitary Worker with regular time scale of pay on par with regularly appointed Sanitary Workers in the Adi dravidar welfare Department with all consequential and other attendant benefits including arrears of salary within a time frame to be fixed by this Court.

For Petitioners : Mr.G.Sankaran For Respondents : Mr.I.Sathish, Additional Government Pleader

O R D E R

This writ petition is filed seeking for a Mandamus to direct the respondents to regularise the service of the petitioners in the post of Sanitary Worker with regular time scale of pay on par with regularly appointed Sanitary Workers in the Adi dravidar Welfare Department with all consequential and other attendant benefits including arrears of salary.

2. Heard Mr.G.Sankaran, learned counsel for the petitioners and Mr.I.Sathish, learned Additional Government Pleader appearing for the respondents.

3. The petitioners claim that they are working as sanitary workers from 2011 onwards and their service is yet to be regularised. Seeking for the benefit of regularisation with all other attendant benefits, the petitioners seem to have sent individual representation dated 25.10.2017 to the respondents. It is stated that the said representation is still pending and not to be considered.

4. Learned counsel appearing for the petitioners submitted that the claim of the petitioners is to be considered based on G.O.Ms.No.385, Finance Department, dated 01.10.2010.

5. Since the representations made by the individual petitioners are yet to be considered, this Writ Petition is disposed of, without expressing any view on the merits of the claim made by the petitioners, only with a direction to the first respondent to consider the representations of the petitioners and pass orders on the same on merits and in accordance with law, also by taking note of G.O.Ms.No.385 Finance Department dated 01.10.2010, if the said Government Order is applicable to the case of the petitioners. Such exercise shall be done by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vsi To

1. The Principal Secretary to Government, Adi Dravidar & Tribal Welfare Department, Secretariat Fort St. George, Chennai-600 009

2. The Director of Adi Dravidar Welfare, Chepauk, Chennai-600 005

3. The District Adi Dravidar & Tribal Welfare Officer, Thiruvallur District, Thiruvallur.

+1cc to Mr.G.Sankaran, Advocate, S.R.No.89950 +1cc to the Government Pleader, S.R.No.89936 W.P.No.30593 of 2017 AD(CO) CS(23/01/2019)